Eviction and Lease Termination

Lawyers Guide

When a tenant has not paid rent or has caused another complication, eviction often becomes a necessity.
It is important for the landlord and tenant to have agreed on what constitutes an eviction.
Discover more about when to evict a tenant and how to fight an eviction as a tenant.

  • ContentCommon Eviction Mistakes

    When renting out a property you own, it is only natural to want to make the most money and incur the least expense. Unfortunately, for some landlords, this leads to cutting corners in the legal department; a potentially very costly mistake. The following are a few common mistakes landlords make during the eviction process and what you can do to avoid them:

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  • ContentEvictions Based on Matters Other than Non-Payment

    There are additional matters that could lead to eviction other than non-payment of rent, and these issues could cause the tenant to lose out on other opportunities. When eviction is possible, the landlord or property manager usually contacts the tenant in advance, and if necessary, law enforcement officers are available to ensure litigation matters are mitigated or eliminated.

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  • ContentHow to Fight an Eviction

    Getting behind on rent and receiving an eviction notice can be a traumatic experience. While every state is different, most share certain characteristics, and it is important to know how evictions work in order to know what you should do.

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  • ContentNotice Related to Tenant Evictions and Other Matters

    Eviction notices and the full process usually depend greatly on the state due to the process favoring either the tenant or the landlord in the location. However, when a tenant has either not paid rent for long enough or has caused another complication, it is vital that the landlord follows the correct process to ensure the person renting is removed legally.

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  • ContentWrongful Evictions

    Landlord/tenant law is extremely geographic-specific. Both state and city laws affect the legal rights and responsibilities of landlords and tenants. Many states have laws that favor landlords, while a few are more concerned with protecting the tenants’ rights. In order to legally evict a tenant, the landlord must usually follow a very specific legal procedure.

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  • ContentWhen Can I Withhold Rent and Not Get Evicted?

    Anyone who has had a disagreement with a landlord has probably wondered if they could withhold rent until the issue was resolved. To the surprise of many, there are actually circumstances under which a tenant can lawfully withhold rent and not have to worry about getting evicted. So what are those circumstances?

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  • ContentHow Do I Throw Someone Out of My House?

    Ever had the house guest you just cannot get to leave? Maybe someone you thought you could share a relationship with and things did not work out, or a friend or family member who just cramps your lifestyle, eats your food, and does not contribute to the bills? Whatever the case may be, getting someone out who has overstayed their welcome can sometime be a very difficult task. So, how do you throw someone out of your house?

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  • ContentCan My Landlord Terminate My Lease if I Posted a Bad Review of the Apartment?

    Landlords draft a lease agreement with tenants in usual standard terms. However, these agreements may be altered upon the termination of the conclusion date of the lease. In certain situations, it is possible for a change mid-lease before the end date.

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  • ContentWhen is it Okay Not to Pay Rent

    Leases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to landlords and tenants, housing standards, zoning, safety, etc. As a result, although a lease agreement may say you have to pay rent always and under every circumstance, there are plenty of times when one of these other laws may intervene.

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  • ContentLandlords as Plaintiffs: Suing a Tenant for Damages

    Landlords often become the plaintiff when the tenant has either not paid rent or has damaged the unit he or she is living in under lease or rental agreement. The landlord usually has an entitlement to rent, security deposit and damages in the event that renters destroy the property, and this is when the lawsuits typically arise.

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  • ContentEasements and Termination by Abandonment

    Transactions with commercial real estate often include easements and termination when someone abandons the property. Easements are important as these permit others to enter the property when. This means that visitors are welcome and others may enter the property lines during certain situations. Other transactions may be terminated by the person that owns the house or land through abandonment.

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